2019 Supreme(All) 2010

IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Dinesh Kumar Singh, J.
Laxmi Narain Agarwal and Others – Appellants
Versus
State of U.P. and Others – Respondents
Misc. Single Nos. 5413, 5783 of 2015
Decided On : 19-08-2019

Headnote:

Societies Registration Act, 1860 – Petitioner, challenging order passed by Deputy Registrar, Society registered and its registration has been renewed from time to time and last renewal was made for 5 years object of Society, as given in Memorandum of Association, is to establish Society to promote practical oriented business management information and computer application, education, training, research and development and consultancy etc, further object is to promote and manage educational and vocational institutions, schools/colleges affiliated to any approved educational body/authority within Union of India besides other objects as mentioned in Memorandum –Held, It may be true faced with such situation, there is no requirement of any prior permission from the Assistant Registrar, Firms, Societies and Chits before the surviving members proceed to enroll life members/members of the general body of the Society, but once the entire foundation and basis is based on permission and the said permission is not at all available on record, and is not credible one, then the exercise, that has been so undertaken in reference of enrollment of members, rightly has not been relied upon by the learned Single Judge. Not only this, the surviving members have come forward by taking specific stand that proceedings are nothing but an act of manipulation, emphasis has been made on the fact that the surviving members have come forward with the specific case that the entire proceedings are forged and in this regard it has also been contended that a criminal case has also been instituted, wherein statement has been got recorded clearly mentioning therein that entire proceedings are forged. Affidavit of surviving members disowning the proceedings has also been relied upon, election for electing the committee of management. This exercise needs to be completed within a period of one month restrained from acting in any manner and participating in the affairs of the committee of management. Till election takes place, after inducting two new members, Deputy Registrar should ensure that the affairs of the committee of management are carried out properly – Writ petitions are allowed. (Para’s 7, 8.1, 8.2)

Facts of the case:

Petitioner, challenging order passed by the Deputy Registrar, Society registered and its registration has been renewed from time to time and last renewal was made for 5 years object of Society, as given in Memorandum of Association, is to establish Society to promote practical oriented business management information and computer application, education, training, research and development and consultancy etc, further object is to promote and manage educational and vocational institutions, schools/ colleges affiliated to any approved educational body/authority within Union of India besides other objects as mentioned in Memorandum.

Findings of the court:

It may be true faced with such situation, there is no requirement of any prior permission from the Assistant Registrar, Firms, Societies and Chits before the surviving members proceed to enroll life members/members of the general body of the Society, but once the entire foundation and basis is based on permission and the said permission is not at all available on record, and is not credible one, then the exercise, that has been so undertaken in reference of enrollment of members, rightly has not been relied upon by the learned Single Judge. Not only this, the surviving members have come forward by taking specific stand that proceedings are nothing but an act of manipulation, emphasis has been made on the fact that the surviving members have come forward with the specific case that the entire proceedings are forged and in this regard it has also been contended that a criminal case has also been instituted, wherein statement has been got recorded clearly mentioning therein that entire proceedings are forged. Affidavit of surviving members disowning the proceedings has also been relied upon, election for electing the committee of management. This exercise needs to be completed within a period of one month restrained from acting in any manner and participating in the affairs of the committee of management. Till election takes place, after inducting two new members, Deputy Registrar should ensure that the affairs of the committee of management are carried out properly.

Result: Writ petitions are allowed